ON NOTICE
Crown and defence on notice regarding impaired driving fines
Provincial court judge issues warning on impaired driving charges.
Crown and defence lawyers appearing before provincial court Judge Alain Bégin in Sydney should now consider themselves warned.
When it comes to increased fines on impaired driving charges, Bégin said Tuesday he wants to start at
$1,600 or $1,700 and that recommending anything lower fails when it comes to deterring and denouncing such offences.
His comments came in the case of a 36-year-old Sydney Mines man, Rodney Matthew Francis, who pleaded guilty to driving with a blood/alcohol level exceeding 80 milligrams of alcohol in 100 millilitres of blood.
Both Crown prosecutor Glen Gouthro and defence lawyer Matt MacNeil recommended an increased fine of $1,300 for the first time offender whose two breathalyzer readings registered 200 — more than double the legal limit.
Both noted as aggravated factors for the increased fine were the readings and the fact the driver had lost control of the vehicle on Highway 125, near Balls Creek. No injuries were reported.
“When you get up over the 160 mark, which is more than double, I am going to keep pushing and soon, I don’t care what you guys say, I’m going to start at $1,600,” said Bégin, in reference to a minimum benchmark fine he will impose.
“A $1,300 fine is low and we’re sending the wrong message here and that means people are getting killed,” said the judge.
The current penalty section in the Criminal Code for impaired driving offences mandates the following:
A minimum fine of not less than $1,000 for a first offence.
Not less than a 30-day jail sentence on a second offence.
For each subsequent offence the penalty is not to be less than 120 days in jail.
If the Crown should proceed by way of indictment, the penalty is not to exceed a five-year jail term.
If the Crown proceeds by summary conviction, the jail sentence is not to exceed 18 months.
Penalties in cases involving impaired driving causing bodily harm can include a jail sentence of not more than 10 years while impaired driving causing death could result in a life sentence.
In addition to the fine and possible jail sentence, the offender is also stripped of driving privileges for one-year which increases for each sub-sequent conviction. There are also court costs and victim fine surcharges that will top the minimum fine imposed.
“Counsel, I’ve been ranting for a while about drinking and driving fines and I have serious concerns that $1,300 is not elevated considering the readings of 200,” said Bégin, adding the courts must impose penalties that denounce the offence and deter the offender.
He said it was time that local Crown and defence lawyers get together and determine what the benchmarks should be in such cases.
“I am sending out the message that I won’t be accepting these much longer. The message has to get out there because all the people driving aren’t getting the message,” said Bégin.
In serving notice of his future intention, Bégin did accept the recommended sentence in the Francis case and imposed the $1,300 fine that totalled $1,812.50 when the surcharge and court costs were added.
His message Tuesday was sweet music to the ears of Susan MacAskill, chapter services manager for MADD Canada Atlantic region.
“The courts have to recognize just how serious the problem is and we are very pleased to see Judge Bégin do exactly that,” said MacAskill.
“If he establishes a reputation not to be reckoned with then maybe others will take notice. He has clearly served notice and this is a definite step in the right direction,” she said.
This is not the first time Bégin has vowed to get tough on impaired drivers having earlier this year rejected a joint sentencing recommendation in another similar case.
Bégin offered harsh and very pointed criticism of the sentence — two years probation and one-day in jail served by the accused’s presence in court.
Both the Crown and defence are scheduled back before the judge next month to determine how that case will proceed.